Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program
Rule 17.24.1228 - SMALL OPERATOR ASSISTANCE PROGRAM: APPLICANT LIABILITY
Universal Citation: MT Admin Rules 17.24.1228
Current through Register Vol. 6, March 22, 2024
(1) The applicant shall reimburse the department for the cost of the services performed pursuant to ARM 17.24.1224 if the applicant:
(a) submits false information;
(b) fails to submit a permit application
within one year from the date of receipt of the approved laboratory,
consultant, and/or contractor report;
(c) fails to mine after obtaining a
permit;
(d) produces coal in excess
of 300,000 actual and attributable tons at all operations during the 12-month
period immediately following the date on which the applicant was issued a coal
mining permit; or
(e) sells,
transfers, or assigns the permit and the total actual and attributed production
of the transferee exceeds the 300,000-ton annual production limit during the
12-month period immediately following the date on which the applicant was
issued a coal mining permit. Under this section, the applicant and its
successor are jointly and severally obligated to reimburse the
department.
(2) The department may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.
AUTH: 82-4-205, MCA; IMP: 82-4-221, MCA
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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